I.
In 2020, at the height of the COVID pandemic, Congress passes a law that imposes the penalty of 10
years’ imprisonment on any person who does not wear a facemask in public. The law is never repealed.
While initially many persons are prosecuted for this offense, as the pandemic wears on, the law
becomes rarely enforced.
In 2025, 2 years after a cure for COVID is discovered, A is arrested for attending a basketball game
without a face mask. The case is raffled before RTC 111, which you preside over as the judge.
Upon presentation of evidence, including high-definition video footage of A at the game as broadcast
on TV, it is proven that A was not wearing a face mask. There are no aggravating or mitigating
circumstances.
A admits that he did not wear the face mask, but appeals to your sympathy, and asks for a lesser
sentence considering the obsolescence of the law.
a. What penalty do you impose? State your reasons(2.5 pts)
b. As a judge, you feel some sympathy for the length of prison sentence imposed
by the law. What measure can you take as a judge to benefit A and other persons
similarly situated? (2.5 pts)
II.
Congress passed R.A. No. 12420, a special law which decriminalized the use of marijuana, providing
therein that:
“SECTION 1. Henceforth, the use of marijuana is declared legal. No person shall be
prosecuted for the use or possession of marijuana. All persons currently detained on charge or
conviction for use of marijuana shall be released.
SECTION 2. Only persons with a license from the BFAD may sell marijuana in an authorized
clinic. The penalty of prision mayor shall be imposed on any person who, without such BFAD license,
sells marijuana to any person.”
Two months later, the City of Brazzaville, Batangas, prompted by complaints of bad smell and
increased marijuana use by its citizens, passes City Ordinance No. 2022-1, punishing the use of
marijuana, which provides:
“SECTION 1. Notwithstanding any law to the contrary, a fine of P100,000 will be imposed
on any person who uses marijuana within the city limits.”
Brazzaville police then engaged in buy-bust operations. In one raid, poseur-buyers arrested unlicensed
marijuana seller Marley Roberto, as well as Chichi Chong, a man who was smoking marijuana nearby.
The police then ensured that the chain of custody rules were strictly followed.
Chong was charged with violations of City Ordinance No. 2022-1, while Roberto was charged with
violation of RA No. 12420.
Upon arraignment, Roberto pled guilty to illegal sale of drugs, and thus asked for a lesser sentence
due to mitigating sentence of admission of guilt.
a. Chong challenged the constitutionality of City Ordinance No. 2022-1, on the ground
that the City had no power to issue the said ordinance. In its defense, the City claimed
that the ordinance is not criminal, as it only imposes a fine. Whose argument will
prosper? Explain, with reasons. (5 pts.)
b. The prosecutor objected to Roberto’s claim of a mitigating circumstance, on the
ground that the same does not apply to special laws. Should Roberto be allowed to
claim the mitigating circumstance of admission of guilt? Why? (2.5. pts.)
c. Would your answer be the same if RA 12420 imposed the penalty of 10 years of
imprisonment for illegal sale? Explain briefly. (2.5 pts.)
III.
After a series of terrorist attacks perpetrated by the Islamic State – East Asia Province (“ISIL”),
Congress passes R.A. No. 13131, the “Anti-ISIL Act,” which prohibited membership in ISIL, and
which provides as follows:
SECTION 1. This Act shall be known as Anti-ISIL Act.
SEC. 2. The Congress hereby declares the Islamic State – East Asia Province, also
known as ISIL, to be an organized conspiracy to overthrow the Government of the
Republic of the Philippines for the purpose of establishing in the Philippines a
totalitarian regime and place the Government under the control and domination of an
alien power. The said party and any other organization haying the same purpose and
their successors are hereby declared illegal and outlawed.
SEC. 3. After the approval of this Act, whoever knowingly, wilfully and by overt acts
affiliates himself with, becomes or remains a member of Islamic State – East Asia
Province and/or its successor shall be punished by the penalty of arresto mayor and
shall be disqualified permanently from holding any public office, appointive and
elective, and from exercising the right to vote; in case of a second conviction, the
principal penalty shall be prision correctional, and in all subsequent convictions the
penalty of prision mayor shall be imposed; and any alien convicted under this Act shall
be deported immediately after he shall have served the sentence imposed upon him:
Provided, That if such member is an officer or ranking leader of the Islamic State –
East Asia Province or of any subversive association as denned in section hereof, or if
such member takes up arms against the government, he shall be punished by prision
mayor to death with all the accessory penalties provided therefor in the Revised Penal
Code: And provided, finally, That one who conspires with any other person to
overthrow the Government of the Republic of the Philippines or the government of
any of its political subdivisions by force, violence, deceit, subversion or other illegal
means, for the purpose of placing such Government or political subdivision under the
control and domination of any alien power, shall be punished by prision correctional
to prision mayor with all the accessory penalties provided therefor in the same Code.
SEC. 4. All acts done under the name of the Islamic State – East Asia Province prior
to the commission of this act are hereby considered violations of Section 3 hereof.
Members of ISIL were arrested under RA 13131. The Accused challenged the constitutionality of the
Anti-ISIL on the grounds that it is (1) an ex post facto law; and (2) a bill of attainder.
Will the ISIL members’ arguments prosper? Discuss both. (5 pts.)
IV.
Dominador Dator, a Filipino, is a personal aide of the Ambassador of Elbonia to the Philippines,
Nikolai Elkin. After a sting operation, it was discovered that Elkin ran an espionage ring, whereby
several secrets were taken from the Philippine’s Department of National Defense. Dator was
discovered to be the main spy providing information to the Elbonian Embassy. Such information was
accessed on Elbonian computers in the embassy.
Both Dator and Elkin were charged with espionage. Elkin raised diplomatic immunity of suit, while
Dator stated that any illegal access of Philippine state secrets was done on Elbonian territory, i.e. the
Elbonian Embassy in Manila, and therefore beyond the jurisdiction of Philippine Courts.
a. Can Elkin be charged with espionage? Explain (2.5 pts.)
b. Can Dator be charged with espionage before Philippine trial courts? Explain
(2.5 pts.)
V.
The Boaty McBoatface, a ship registered in the Netherlands, docked in the Port of Manila to refuel after
voyaging from Somalia. None of the sailors aboard disembarked from the ship.
The employees refueling the ship reported strange smells. Upon further inspection, it was found that
seamen aboard were smoking marijuana, which is legal in the Netherlands. The employees reported
the smoking of marijuana on board the Boaty McBoatface to Philippine Port Authorities.
a. Do Philippine courts have jurisdiction over the Dutch seamen who smoked marijuana?
Explain fully. (2.5 pts.)
The Dutch Authorities then called the Port of Manila to report that the Boaty McBoatface was in fact
commandeered by pirates off the coast of Somalia. The pirates were found on board. Cases for piracy
were filed against the pirates in the Regional Trial Court of Manila.
b. Does the RTC of Manila have jurisdiction over the pirates? (2.5 points).
VI.
In 1995, Frankie Francisco assassinated Mayor Mayor of the City of Townville, Cebu. In carrying out
the crime, Francisco used an unregistered Heckler and Koch MP5 to shoot Mayor Mayor.
Thus, Francisco was charged with one count of murder and one count of illegal possession of firearm.
In 2001 Francisco was convicted of both crimes, and sentenced as follows:
1. For the crime of murder, 30 years of reclusion perpetua, and
2. For the crime of illegal possession of firearm, 20 years.
Subsequently, in 2022 , Congress passed a law which provided that the use of an unregistered
firearm would no longer be a separate offence if used in a homicide, but only an aggravating
circumstance.
a. Under these circumstances, what offense could Francisco be detained under? Would
the aggravating circumstance of unregistered firearm be considered? Explain fully (5
pts.)
b. Is there any way for Francisco to be released from prison? What is the relief, and
what would the basis be? Explain fully (5 pts)
VII.
R.A. 14444 is passed, which punishes using a speakerphone on public transport, providing:
“WHEREAS, manners are important;
WHEREAS, in 2022, no one needs to actually use a speakerphone to talk to anyone
on a cell phone in public;
WHEREAS, it is a public disturbance when everyone in an enclosed space has to listen
to anyone else’s vapid phone conversations,
THEREFORE, be it enacted:
SECTION 1. The penalty of prision mayor shall be imposed on any person who uses a
speakerphone to converse with one other person in any public space, including public
transport.”
One day, Gaga Galinato, while riding a jeep, receives a call from her boyfriend. While putting her
cellphone up to her ear, she inadvertently turned on her speakerphone. Despite thinking that she was
having a private conversation with her boyfriend, all the passengers in the jeep were able to hear their
sweet nothings.
Angered, the other jeepney passengers demanded that the jeepney driver call over the nearest
policeman, who arrested Gaga for illegal use of speakerphone.
In her defense, Gaga stated that she did not intend to use the speakerphone, and therefore that she
had no criminal intent. The prosecution countered by saying that as RA 14444 is a special law, intent
is irrelevant.
a. Is Gaga’s defense tenable? Why or why not? (2.5 points)
b. Would your answer be the same if the following clause was also inserted in the republic
act?
‘WHEREAS, the public use of speakerphones is a vile and inherently evil act;”
Explain. (2.5 points)
VIII.
Henry Henriquez was married to his wife, Adele Dazeem, a tight-rope walker at the circus, who is
famous for performing without a safety net or line. After 2 years of marriage, Henry found out that
Adele was cheating on him with her Russian co-worker, Ivan Ivanovich Ivanovsky.
Adele was scheduled to give a performance at her nightly show. Once Adele stepped onto the
tightrope, Henry leapt from the shadows and cut the tightrope.
Adele fell from the tightrope, but her fall was broken by Ivan, who tried to catch Adele. However,
Adele’s knee struck Ivan’s head, and the latter’s skull was broken.
However, Ivan refused medical treatment, stating that he would be fine and would sleep it off. He
was found dead the next morning.
With your knowledge of criminal law, you state that Henry should be considered as having attempted
to murder Adele. However, Adele asks you whether, under the circumstances, Henry can be charged
for intentionally killing Ivan.
a. Is Henry criminally liable for the death of Ivan? Explain. (2.5 pts.)
b. What crime/s should Henry be charged with, considering his attempt on the life of
Adele and the death of Ivan? (2.5 pts.)
At trial, Henry raised the defense that he only intended to injure Adele, and had no intention to kill
Ivan, and thus his intention was different from the result. Thus, he claims that (a) he should not be
held liable for Ivan’s death, as there was no intent to kill, and (b) that Article 49, on penalty imposed
when the crime committed from that intended, should apply to his acts against Adele.
c. Is there merit to Henry’s claim that there was no intent to kill Ivan in this case? Explain
(2.5 pts.)
d. Is Henry correct in citing Article 49’s application in this case? Explain (2.5 pts.)
IX.
Jack Jameson concocts a plot to kill his estranged older brother James Jameson, with his knowledge
that James is deathly allergic to seafood.
Thus, under the pretext that he wanted to reconcile with James, Jack invited James over for dinner.
He prepared James, favorite food, Nido Soup, using seafood stock, instead of chicken stock. After
James finishes the entire bowl, Jack flees the scene, certain that James had been fatally poisoned.
However, the next day, James called Jack, saying that he loved the Nido Soup. Flabbergasted, Jack
asked why James did not get sick from the seafood stock he used. James laughed and said that he had
taken antihistamines, which prevented him from getting sick.
a. What crime, if any, did Jack commit? Explain. (2.5 pts.)
b. Would your answer be the same if Jack’s “seafood stock” was actually just
artificially flavored chicken stock, with no seafood in it at all? Why or why not? (2.5
points)
X.
Kathlyn Kathyson was on her way home from work when she was grabbed from behind by one Larry
Lewdman. Holding a knife to Kathlyn’s head, Larry dragged her into a secluded alley, where he ripped
off Kathlyn’s skirt and underwear. Larry then exposed his penis and began to move it close to
Kathlyn’s private parts.
Kathlyn reached into her bag and pulled out a gun, for which she had a permit to carry. Just after the
tip of Larry’s penis entered Kathlyn’s labia, Kathlyn shot Larry in the stomach. Larry withdrew his
penis and backed off.
Still fearing for her life, Kathlyn shot at Larry once more, but missed. Thereafter, Larry ran off.
Eventually, Larry recovered.
Kathlyn filed a criminal complaint against Larry for the crime of rape.
Larry contended that the crime was at most frustrated, as he did not achieve full penetration of
Kathlyn’s vagina.
Furthermore, Larry filed a countersuit for attempted murder, as he claimed that once he stopped trying
to insert his penis into Kathlyn’s vagina, there was no longer any necessity for her to defend herself.
Moreover, Larry stated that it was not necessary for Kathlyn to use her gun, as he was only armed
with a knife, and was not trying to kill her.
a. What crime did Larry commit? In what stage? Explain fully. (5 pts.)
b. Will Larry’s countersuit prosper? Explain. (5pts.)
XI.
One night, Marvin Magnakaw entered Nestor Nebres’ corner store by means of picking the lock on
the door.
Hearing the commotion, Nestor immediately went downstairs and saw Marvin roaming his premises
aimlessly. Eager to defend his property, Nestor charged at Marvin with a baseball bat and hit him on
the head. He then called the police and reported what had happened.
Nestor then filed a complaint for attempted robbery against Marvin.
a. Was the correct crime charged against Marvin? Why or why not? (2.5 pts.)
b. Would your answer be the same if Marvin had a shopping list on his person that with
the title “Goods available for Nebres Store Raid”? Explain. (2.5 pts.)
c. Was Nestor’s act of striking Marvin in the head with a baseball bat justified? Explain
fully (5 pts.)
XII.
Onyong Oseyo, a K-pop fan, was browsing the wares of the Manila K-pop Superstore, a store inside
the local Porbinson’s Mall.
While there, he saw a rare BTS lightstick that was priced at P10,000 pesos. Knowing that he did not
have enough money in his wallet to pay for the lightstick, and knowing that the lightstick would
probably be gone if he left it in the store, he placed the same in his bag for the meantime and looked
for an ATM inside the mall.
Unknown to Onyong, a security guard had seen him place the lightstick in his bag. The moment he
stepped outside the K-Pop Superstore, the security guard apprehended him and informed him that he
had been detained for theft. Onyong said that there was no theft yet as he had not yet left the mall
premises.
Was the crime of theft already consummated at the time of Onyong’s apprehension? Explain.
(5 pts.)
XIII.
Patty Patterson and Quinito Quimzon were married. After 20 years of marriage, Quinito sadly died.
Patty remained close to the Quimzon family. One night, Patty, Quinito’s brother Quentin, and
Quentin’s girlfriend Tintin went out for drinks. However, in a drunken stupor, Quentin got into an
argument with another drunken stranger, Santino. Santino stated that Quentin should “shut up, you
drunken idiot!”
Quentin suddenly grabbed a bottle and swung it at Santino. Santino, in response, picked up a chair
and started beating Quentin with it.
Shocked, Patty came to Quentin’s defense and sprayed Santino in the face with pepper spray she kept
in her purse. Seeing Quentin’s bloodied face, and impelled by rage, Tintin then grabbed a nearby steak
knife and stabbed Santino.
Santino survived, and filed complaints against Patty, Quentin, and Tintin for physical injuries.
Quentin stated that he acted in self-defense due to Santino’s fighting words.
In response. Quentin thus filed a case against Santino for physical injuries. Santino invoked selfdefense.
a. Was Santino justified in beating Quentin with a chair? Explain briefly (2.5 pts.)
b. Was Patty justified in spraying Santino in the face with pepper spray? Why or why not?
(2.5 pts.)
c. Was Tintin justified in stabbing Santino? Why or why not? (2.5 pts.)
d. Was Quentin justified swinging a bottle at Santino? Why or why not? (2.5 pts.)
XIV.
Ulysses Unson and Valerie Velez were married for 10 years. After being laid off due to the pandemic,
Ulysses turned to alcohol and started becoming violent towards Valerie. From being a loving husband,
Ulysses began to verbally abuse Valerie, often calling her names. Further, Ulysses and Valerie began
getting into arguments.
One night, Ulysses demanded that Valerie cook him his favorite food, sinigang. However, Valerie said
that since they were going through financial difficulty, she could not afford the ingredients. Angrily,
Ulysses grabbed Valerie around the neck and started strangling her. He then threw her to the floor
and stormed out to go drink with his friends.
The next morning, Ulysses apologized to Valerie and bought her flowers. For the next 3 months, he
seemed to return to being a doting husband and loving father.
However, one night, after Ulysses’ beloved basketball team lost on a last-second shot, Ulysses flew
into a rage. When Valerie told him to calm down, Ulysses rained fists on her, and beat her ruthlessly.
Valerie was hospitalized for 3 days.
Ulysses then once again apologized, and paid Valerie’s bills. He then got a job and lavished Valerie
with gifts.
All seemed calm for two weeks, until Ulysses was found dead in the morning. Valerie was sitting next
to the body, holding a bloody knife and muttering “I can’t take it anymore.”
Valerie is charged with parricide. In her defense, predicated on self-defnese, Valerie presents a
psychiatrist, who testified that Valerie had undergone two battering cycles.
a. Can Valerie successfully invoke self-defense? Explain. (2.5 points)
b. Upon what ground can Valerie justify her act of killing her husband? Explain fully (2.5
points.)